TMI Blog2021 (1) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2017. It is also revealed from the perusal of the CGST Act and the Rules framed under it that no penalty had been prescribed for violation of the provisions of Section 171 (1) of the above Act, therefore, the Respondent was issued show cause notice to state why penalty should not be imposed on him for violation of the above provisions as per Section 122 (1) (i) of the above Act as he had apparently issued incorrect or false invoices while charging excess consideration and GST from the buyers. However, from the perusal of Section 122 (1) (i) it is clear that the violation of the provisions of Section 171 (1) is not covered under it as it does not provide penalty for not passing on the benefit of rate reduction and hence the above pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad also submitted that the Respondent had denied the benefit of rate reduction to the customers amounting to ₹ 1,20,194/-, pertaining to the period w.e.f. 15.11.2017 to 31.07.2018 and had thus indulged in profiteering and violation of the provisions of Section 171 (1) of the above Act. 2. This Authority after careful consideration of the Report dated 13.11.2018 had issued notice to the Respondent to show cause why the Report furnished by the DGAP should not be accepted and his liability for violation of the provisions of Section 171 (1) should not be fixed. After hearing both the parties at length this Authority vide its Order No. 20/2019 dated 22.03.2019 = 2019 (3) TMI 1313 - NATIONAL ANTI-PROFITEERING AUTHORITY had determin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e in base price by the manufacturer. There were no wilful latches on the part of the Respondent but they have happened due to ignorance and the GST being a new tax. 6. We have carefully considered the submissions of the Respondent and all the material placed before us and it has been revealed that the Respondent had not passed on the benefit of rate reduction to the customers who had purchased the Matchless Plus TTWG Grinder for the period from 15.11.2017 to 31.07.2018 and hence, the Respondent has violated the provisions of Section 171 (1) of the CGST Act, 2017. 7. It is also revealed from the perusal of the CGST Act and the Rules framed under it that no penalty had been prescribed for violation of the provisions of Section 171 (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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